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MrShrimp

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Everything posted by MrShrimp

  1. After sending my LBA, I received a call from the bank on Wednesday 14th Ferbruary offering settlement of my claim in full! Result! Good luck to everyone else!
  2. Roryroo, I think there are solicitors offering to pursue these types of claims but I'm not sure what fees they are charging. If your claim is £5,000 and you want it completed in one go, then it would be sensible to have a lawyer pursuer the entire claim for you. If you can be bothered however, simply break the claim up into 4 actions, raise them all at the same time and keep a good track on each one. It will actually be completed sooner than the Ordinary Cause court process a lawyer would pursue as the courts are very busy at that level.
  3. Did the court in England grant decree against the bank? If so, was it granted in the full terms you asked? You should write to the clerk for a copy decree to see what the court decided was the applicable rate of interest. If they agreed with you on the contractual rate, and granted decree in those terms, then you can enforce the decree on the bank, ordering them to pay the contractual rate.
  4. Hi Squeeky, have you now filled out everything you needed? If not, simply write as your claim in box 4: "To grant decree against the defenders for payment to the pursuer of the sum of (for example) ONE THOUSAND POUNDS (£1,000) STERLING plus interest at the rate of 8% annually from the date of service until payment, together with the expenses of the action." For box 7, this where you have to submit the details of your particular charges and the basis for your claim, ie, the illegality of the charges. It is quite competent for you to submit a "Statement of Claim" to attach to the summons which is in a style I can forward you as the space to fill in box 7 is limited. hope this helps
  5. I am not sure what the major issue is here Vagabond. You seem to have written almost exactly what the Clerk is suggesting. I would re-submit the claim simply saying "plus interest at 8% annually from the date of service together with the expenses of the action". Summary Cause procedure is not intended to be difficult for the pursuer and they are not supposed to be looking for legalese. Keep it simple as above and you'll be fine. (Just in case you're wondering, I am qualified to give this advice!
  6. So you'll see at the start of my thread that I suspected £400 in charges. Well it was actually £1500! I've submitted a claim for this amount and I'm not too bothered calculating interest as I think I would struggle to apportion it solely to the bank charges. Let's see what they say...!
  7. Reject the offer and proceed to the Court Action. You are fully entitled to do so and I would suggest that accepting partial settlement can complicate the matter. Your obligation to negotiate has been fulfilled so go after them!
  8. Melanie, if you haven't received them by the 40 days, try calling the Customer Relations department to make a complaint. I phoned today and this seems to have shaken them into action. The number is 0845 603 7923. Good luck!
  9. Phoned customer relations to complain on 0845 603 7923 today. I was told that they are dealing with my request and will telephone me with details of when the statements will be sent out. Apparently they are in the process of compiling my statements. Not the smoothest of processes for me so far! Can't even get claiming until I have the flamin' statements!
  10. Have sent off today a final 7 day SAR warning letter from the bank templates. Has anyone else had a problem with the Bank of Scotland giving them their statements? Seems strange that I should have a problem when I've written to the same people as everyone else..! And I don't even want that much from them!
  11. Thanks livelylad, Called BofS and complained. Told to expect call or letter shortly. I'll believe it when I see it!
  12. Ok, so not a peep from the bank of scotland about my statements! They cashed the cheque for them weeks ago. I wrote via recorded delivery again on the 6th October for confirmation of receipt of my request and still nothing. I wrote to: Data Protection Manager, Halifax, Trinity Road, West Yorkshire, HX1 2BR. I checked the forums for quite some time before choosing this address as the most successful one. Anyone have a suitable phone number for me to call here? many thanks
  13. Sent my data protection letter for statements on the 14th September. Suspect around £400 of charges in total. Opened new account with A&L as precaution.
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